A. Applicability: This section applies to all facilities that have stormwater discharges associated with commercial, industrial activity and/or construction activity.
B. Access To Facilities:
1. The administrator must be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger must make the necessary arrangements to allow access to the administrator.
2. Facility operators must allow the administrator ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law related to said discharges.
3. The city has the right to set up on any permitted facility such devices as are necessary in the opinion of the administrator to conduct monitoring and/or sampling of the facility's stormwater discharge.
4. The city has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment must be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality must be calibrated as required by the manufacturer's operation manual to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled must be promptly removed by the operator at the written or oral request of the administrator and may not be replaced. The costs of clearing such access will be borne by the operator.
6. Unreasonable delays in allowing the administrator access to a permitted facility is a violation of a stormwater discharge permit and of this chapter.
7. If the administrator has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, he or she may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 3455, 2012)